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California Employment News: Creating the Report for a Workplace Investigation – Part 4 (Featured)
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Employers across the U.S. must follow not only the workplace safety rules set out in the Occupational Safety and Health Act of 1970 (the “OSH Act”), but also its anti-retaliation protections — some of the strongest yet often...more
Virginia has two main laws protecting whistleblowers. The oldest, the Fraud and Abuse Whistle Blower Protection Act (Act), Virginia Code §§ 2.2-3009 et seq., previously applied only to federal and state agencies before being...more
The European Union adopted the Whistleblower Protection Directive in 2019, seeking to establish a uniform complainant protection regime across EU Member States for individuals that report violations of a wide range of EU...more
The EU Whistleblowing Directive has been implemented in Belgium and SMEs have only until 17 December to act. Here we consider some of the key details of the new Belgian legislation....more
Germany’s new Whistleblower Protection Act is now in force. Large and medium-sized companies need to act quickly to comply and avoid possible fines....more
California Labor Code Section 1102.5(b) prohibits employers from retaliating against “whistleblowing” employees for disclosing information about suspected violations of law to a person with authority over the employee or...more
With a delay of almost one and a half years, the German legislator has implemented the so-called Whistleblower Directive (Directive (EU) 2019/1937) into German law: In mid-December 2022, the German Bundestag had passed the...more
As the last of the EU member states implement the Whistleblower Directive, we recap the new rules employers need to be aware of, and give our views on whether a ‘one size fits all’ approach is feasible....more
Welcome back to our World Cup series, where we compare various aspects of labor and employment law in some of the participating countries. We kicked off Parts One and Two of this series with vacation and sick leave...more
Expanded Japanese whistleblowing rules are among the latest to come into effect as part of a broad trend of increasing regulatory requirements for incident reporting across the globe. Previously in effect for large...more
By 17 December 2021, EU Member States were required to transpose the EU Whistleblower Protection Directive into their national law. The Directive’s purpose is to provide more robust protection across all EU countries for...more
Germany's Federal Ministry of Justice submitted a new draft bill to transpose the EU Whistleblower Protection Directive. The EU Whistleblower Protection Directive should have been transposed by 17 December 2021 already. This...more
On February 10, 2022, the U.S. Securities and Exchange Commission announced two proposed amendments to its whistleblower program rules. As we previously reported, a closely divided SEC adopted a final rule implementing...more
New York employers, take heed: sweeping expansions to New York Labor Law (NYLL) Section 740 have fundamentally redefined the protections afforded to whistleblowers within the state. The revised law took effect on January 26,...more
On January 27, 2022, the California Supreme Court in Lawson v. PPG Architectural Finishes, Inc., No. S266001, 2022 WL 244731 (Cal. Jan. 27, 2022), addressed the issue of which standard courts must use when analyzing...more
On December 17, 2021, when the deadline for implementing the EU Whistleblowing Directive expires – or, at the latest, when corresponding national whistleblower protection laws come into force – member states of the European...more
New York Governor Kathy Hochul recently signed legislation that expands one of the state’s whistleblower laws with significant revisions (“Amendments”) to NY Labor Law § 740 (“Section 740”). The Amendments increase coverage...more
On October 28, 2021, New York Governor Kathy Hochul signed legislation enhancing the protections available to individuals who claim retaliation for reporting alleged employer wrongdoing. The legislation (S.4394A/A.5144A)...more
The European Directive for the protection of persons who report breaches of European Union law (the "Whistleblower Directive") sets the minimum standards for protecting people who report EU law breaches. ...more
The 17 December 2021 deadline for EU Member States to implement the EU Whistleblowing Directive into national laws is fast approaching. Private sector organisations in the European Union with 250 or more workers (and certain...more
By October, companies in the European Union employing at least 50 employees will be required to operate an internal reporting system for reporting misconduct that may indicate compliance violations. Furthermore, all companies...more
Article 7 of the Directive instructs member states to encourage reporting through internal organizational channels first, where the risk of retaliation is remote, and the reported breach can be effectively addressed on an…...more
Global companies face a number of challenges and a myriad of regulatory obligations. In December 2019, the EU adopted a directive to promote and protect persons who report violations of law....more
La directive (UE) 2019/1937 du Parlement européen et du Conseil du 23 octobre 2019 sur la protection des personnes qui signalent des violations du droit de l’Union (la « Directive ») a vocation à établir des normes minimales...more
Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (the “Directive”) is intended to establish common minimum standards among...more